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(영문) 수원지방법원 2013.08.06 2013고단181

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

[20:20 on December 4, 2012, the Defendant: (a) committed assault against the victim’s head and shoulder part of the victim by putting about approximately 40cm in length on the ground that the Defendant d(the age of 52) told the victim to drink alcohol on the roads near Suwon-si, Suwon-si (the age of 52) on December 4, 2012; (b) assaulted the victim’s head and shoulder part.

[2013No. 634] On January 17, 2013, the Defendant requested the Victim G (20 years of age) to tobacco on the front of the “Fju” road in Suwon-gu, Suwon-si, Suwon-si, and on the ground that there is no tobacco from the victim G, the Defendant taken three times the victim G’s face and neck, and the victim H (20 years of age) taken the victim H’s face and head at three times on the floor of the horse, and she took the victim H’s face and head at the top, was used in the vicinity, was in line with the victim H’s direction, and she took two legs one time, and assaulted the victims when she took the face of the victim I (20 years of age), which was next to the victim.

Summary of Evidence

[2013 Highest 181]

1. Statement to the effect that the defendant has committed an act listed in paragraph (1) in this Court;

1. Statement made to D by the police;

1. Each photographic image [2013 Highest 634]

1. Defendant's legal statement;

1. Each police statement made to G, H and I;

1. Application of Acts and subordinate statutes concerning photographic images;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act (the point of violence and the selection of imprisonment) and Article 260 (1) of the Criminal Act for each crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”), among favorable circumstances

1. Article 62(1) of the Criminal Act of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable;

1. Determination of the assertion of the Defendant and the defense counsel under Article 62-2 of the Criminal Act regarding probation, community service order and lecture attendance order.